Health, Health Care Financing, Coverage and Reimbursement Policy

Rule R414-304

Income and Budgeting

Notice of Proposed Rule

(Amendment)

DAR File No.: 34556
Filed: 04/06/2011 11:57:45 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to implement income exclusions under the Medicaid program in accordance with federal law.

Summary of the rule or change:

This change implements income exclusions under the Medicaid program that include federal tax refunds and refundable credits that a Medicaid client receives between 01/01/2010, and 12/31/2012, pursuant to the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010, Pub. L. No. 111-312. It also implements the exclusion that an individual receives for payments through the Individual Indian Money Account Litigation Settlement under the Claims Resolution Act of 2010, Pub. L. No. 111-291. This amendment also clarifies policy and makes other technical changes throughout the rule text.

State statutory or constitutional authorization for this rule:

• Section 26-1-5
• Section 26-18-3

This rule or change incorporates by reference the following material:

• Updates 45 CFR 206.10(a)(1)(vii), published by Government Printing Office, 10/01/2010
• Updates 45 CFR 233.20(a)(6)(iii) through (iv), 233.20(a)(6)(v)(B), 233.20(a)(6)(vi) through (vii), and 233.20(a)(11), published by Government Printing Office, 10/01/2010
• Updates 42 CFR 435.601, 435.602, 435.640, 435.725, 435.726, 435.811, 435.831, and 435.832, published by Government Printing Office, 10/01/2010
• Updates 20 CFR 416.1102, 416.1103, 416.1120 through 416.1124, 416.1140 through 416.1148, 416.1150, 416.1151, 416.1157, 416.1163 through 416.1166, and Appendix to Subpart K of 416, published by Government Printing Office, 04/01/2010
• Updates 45 CFR 233.20(a)(1), 233.20(a)(3)(iv), and 233.20(a)(4)(ii), published by Government Printing Office, 10/01/2010
• Updates 45 CFR 206.10(a)(1)(iii), 233.20(a)(1) and 233.20(a)(3)(vi), published by Government Printing Office, 10/01/2010
• Updates Subsections 1902(a)(10)(E), 1902(l), 1902(m), 1903(f), and 1905(p) of the Compilation of the Social Security Laws, published by Social Security Administration, 01/01/2011
• Updates 45 CFR 233.20(a)(3)(iii), 233.31, and 233.33, published by Government Printing Office, 10/01/2010
• Updates Subsection 1902(r)(1) and 1924(d) of the Compilation of the Social Security Laws, published by Social Security Administration, 01/01/2011
• Updates 20 CFR 416.1110 through 416.1112, published by Government Printing Office, 04/01/2010
• Updates Subsections 404(h)(4) and 1612(b)(24) and (25) of the Compilation of the Social Security Laws, published by Social Security Administration, 01/01/2011
• Removes 20 CFR 416.1166a, published by Government Printing Office, 04/01/2002

Anticipated cost or savings to:

the state budget:

The Department does not anticipate any impact to the state budget because this change only excludes certain refundable credits that most Medicaid recipients are not eligible to receive. In addition, a recipient has ten days to report the receipt of those credits and the agency cannot change eligibility in the month that the client receives the credits when the agency does not know the advance date of receipt.

local governments:

There is no impact to local governments because they do not fund Medicaid services and do not determine Medicaid eligibility.

small businesses:

The Department does not anticipate any impact to small businesses because this change only excludes certain refundable credits that most Medicaid recipients are not eligible to receive. In addition, a recipient has ten days to report the receipt of those credits and the agency cannot change eligibility in the month that the client receives the credits when the agency does not know the advance date of receipt.

persons other than small businesses, businesses, or local governmental entities:

The Department does not anticipate any impact to Medicaid providers and to Medicaid clients because this change only excludes certain refundable credits that most Medicaid recipients are not eligible to receive. In addition, a recipient has ten days to report the receipt of those credits and the agency cannot change eligibility in the month that the client receives the credits when the agency does not know the advance date of receipt.

Compliance costs for affected persons:

There are no compliance costs because this change can only result in possible savings to a single Medicaid provider or to a Medicaid client.

Comments by the department head on the fiscal impact the rule may have on businesses:

No impact on business is expected. Clients will have the right to report credits that might affect eligibility and the agency may not deny eligibility during the month of reporting. Savings to business are possible.

W. David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Care Financing, Coverage and Reimbursement Policy
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Craig Devashrayee at the above address, by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2011

This rule may become effective on:

06/07/2011

Authorized by:

W. David Patton, Executive Director

R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

R414-304. Income and Budgeting.

R414-304-1. Authority and Purpose.

(1) This rule is established under the authority of Section 26-18-3.

(2) The purpose of this rule is to establish the income eligibility criteria for determining eligibility for medical assistance programs.

 

R414-304-[1]2. Definitions.

(1) The definitions in R414-1 and R414-301 apply to this rule. In addition:

(a) "Aid to Families with Dependent Children" (AFDC) means a State Plan for aid that was in effect on June 16, 1996.

([a]b) "Allocation for a spouse" means an amount of income that is the difference between the [SSI]Social Security Income (SSI) federal benefit rate for a couple minus the federal benefit rate for an individual.

(c) "Arrearages" means payments that the Department did not collect for past months or years.

([b]d) "Basic maintenance standard" or "BMS" means the income level for eligibility for [1931] Family Medicaid coverage under Section 1931 of the Social Security Act, and for coverage of the medically needy based on the number of family members who are counted in the household size.

([c]e) "Benefit month" means a month or any portion of a month for which an individual is eligible for [Medicaid]medical assistance.

(f) "Best estimate" means that income is calculated for the upcoming certification period based on current information about income being received, expected income deductions, and household size.

([d]g) "Deeming" or "deemed" means a process of counting income from a spouse or a parent, or the sponsor of a qualified alien, to decide what amount of income after certain allowable deductions, if any, must be considered income to the applicant or recipient.

(h) "Department" means the Utah Department of Health.

(i) "Dependent" means earning less than $2,000 a year, not being claimed as a dependent by any other individual, and receiving more than half of one's annual support from the client or the client's spouse.

(j) "Eligibility agency" means the Department of Workforce Services that determines eligibility for Medicaid under contract with the Department.

(k) "Eligible spouse" means the member of a married couple who is either aged, blind or disabled.

(l) "Factoring" means that the eligibility agency calculates the monthly income by prorating income to account for months when an individual receives a fifth payment when paid weekly, or a third paycheck with paid every other week . Weekly income is factored by multiplying the weekly income amount by 4.3 to obtain a monthly amount. Income paid every other week is factored by multiplying the bi-weekly income by 2.15 to obtain a monthly amount.

(m) "Family Medicaid" means medical assistance for families caring for dependent children. It may be used to refer to family Medicaid coverage for the medically needy or family Medicaid for Low-Income Family and Child Medicaid.

(n) "Family member" means a son, daughter, parent, or sibling of the client or the client's spouse who lives with the spouse.

(o) "Full-time employment" means an average of 100 or more hours of work a month or an average of 23 hours a week.

(p) "Full-time student" means a person enrolled for the number of hours defined by the particular institution as fulfilling full-time requirements.

(q) "Income annualizing" means using total income earned during one or more past years, or a shorter applicable time period, and anticipating any future changes, to estimate the average annual income. That estimated annual income is then divided by 12 to determine the household's average monthly income.

(r) "Income averaging" means using a history of past income and expected changes, and averaging it over a determined period of time that is representative of future monthly income.

(s) "Income anticipating" means using current facts regarding rate of pay and number of working hours to anticipate future monthly income.

(t) "In-kind support donor" means an individual who provides food or shelter without receiving full market value compensation in return.

(u) "Low-Income Family and Child Medicaid" is Medicaid coverage required by Subsection 1931(a), (b), and (g) of the Compilation of Social Security Laws. It may be referred to as Low-Income Family and Child Medicaid or LIFC Medicaid.

(v) "Prospective budgeting" is the process of calculating income and determining eligibility and spenddown for future months based on the best estimate of income, deductions, and household size.

(w) "School attendance" means enrollment in a public or private elementary or secondary school, a university or college, vocational or technical school or the Job Corps, for the express purpose of gaining skills that lead to gainful employment.

[ (e) "Federal poverty guideline" or "FPL" means the U.S. federal poverty measure issued annually by the Department of Health and Human Services that is used to determine financial eligibility for certain means-tested federal programs. Any usage in this rule of poverty means the federal poverty guideline.

(f) "Household size" means the number of family members, including the client, who are counted based on the criteria of the particular program to decide what level of income to use to determine eligibility.

(g) "Medically needy" means medical assistance coverage under the provisions of 42 CFR 435.301, 2001 ed., and that uses the Basic Maintenance Standard as the income limit for eligibility.

(h) "Poverty-related" refers to any one of a variety of medical assistance programs that use a percentage of the federal poverty guideline for the household size involved as the income limit to determine eligibility.

(i) "Qualified Domestic Relations Order" means a domestic relations order that creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant under a pension plan pursuant to a state domestic relations law.

(j) "Sponsor" means one or more persons who have signed an Affidavit of Support pursuant to Section 213A of the Immigration and Nationality Act on or after December 19, 1997 for an alien immigrating to the United States on or after December 19, 1997.

] (x) "Presumed maximum value" means the allowed maximum amount an individual is charged for the receipt of food and shelter. This amount will not exceed 1/3 of the SSI federal benefit rate plus $20.

([k]y) "Temporarily absent" means a member of a household is living away from the home for a period of time but intends to return to the home when the reason for the temporary absence is accomplished. Reasons for a temporary absence may include an absence for the purpose of education, medical care, visits, military service, temporary religious service or other volunteer service such as the Peace Corps.

 

R414-304-[2]3. [A, B and D ]Aged, Blind and Disabled Non-Institutional and[Medicaid and A, B and D] Institutional Medicaid Unearned Income Provisions.

[ (1) This rule establishes how the Department treats unearned income to determine eligibility for Aged, Blind and Disabled Medicaid and Aged, Blind and Disabled Institutional Medicaid coverage groups.

] ([2]1) The Department incorporates by reference 42 CFR 435.811 and 435.831, [2008]2010 ed., and 20 CFR 416.1102, 416.1103, 416.1120 through 416.1124, 416.1140 through 416.1148, 416.1150, 416.1151, 416.1157, 416.1163 through 416.1166, and Appendix to Subpart K of 416, [2008]2010 ed. The Department also incorporates by reference S ubsections 404(h)(4) and 1612(b)(24) and (25) of the Compilation of the Social Security Laws in effect January 1, 20[09]11, to determine income and income deductions for Medicaid eligibility. The Department [does]may not count as income any payments from sources that federal laws specifically prohibit from being counted as income to determine eligibility for federally-funded medical assistance programs.

([3]2) The following definitions apply to this section:

[ (a) "Eligible spouse" means the member of a married couple who is either aged, blind, or disabled.

(b) "In-kind support donor" means an individual who provides food or shelter without receiving full market value compensation in return.

(c) "Presumed maximum value" means the allowed maximum amount an individual is charged for the receipt of food and shelter. This amount will not exceed 1/3 of the SSI federal benefit rate plus $20.

] ([4]3) The eligibility agency [does]may not count [VA (]Veteran's Administration[)] (VA) payments for aid and attendance or the portion of a VA payment that [is made]an individual makes because of unusual medical expenses. Other VA income based on need is countable income, but is not subject to the $20 general income disregard.

([5]4) The eligibility agency may only count[s] as income the portion of a VA check to which the client is legally entitled. If the payment includes an amount for a dependent, that amount counts as income for the dependent. If the dependent does not live with the veteran or surviving spouse, the portion for the dependent counts as the dependent's income unless the dependent [has applied]applies to VA to receive the payment directly, VA [has denied]denies that request, and the dependent does not receive the payment. In [this]that case, the eligibility agency shall also count the amount for a dependent [also counts] as income of the veteran or surviving spouse who receives the payment.

([6]5) The eligibility agency may not count Social Security Administration (SSA ) reimbursements as income of Medicare premiums[ are not countable income].

([7]6) The eligibility agency [does]may not count as income[,] the value of special circumstance items if the items are paid for by donors.

([8]7) For [A, B and D]aged, blind and disabled Medicaid, the eligibility agency shall count[s] as income two-thirds of current child support [received]that an individual receives in a month for the disabled child. It does not matter if the payments are voluntary or court-ordered. It does not matter if the child support is received in cash or in-kind. If there is more than one child for whom the payment is made, the amount is divided equally among the children unless a court order indicates a different division.

([9]8) The eligibility agency shall count as income [C]child support payments that [are payments owed]a parent or guardian owes for past months or years[ are countable income of the parent or guardian, and will be counted to determine eligibility of the parent or guardian]. The agency shall use [C]countable income of the parent [is used] to determine the amount of income that will be deemed from the parent to the child to determine the child's eligibility.

([10]9) For [A, B and D]aged, blind and disabled Institutional Medicaid, court-ordered child support payments collected by the Office of Recovery Services (ORS) for a child who resides out-of-home in a Medicaid 24-hour care facility are not counted as income to the child. If ORS allows the parent to retain up to the amount of the personal needs allowance for the child's personal needs, that amount is counted as income for the child. All other current child support payments received by the child or guardian that are not subject to collection by ORS count as unearned income to the child.

(1[1]0) The eligibility agency shall count[s] as unearned income[,] the interest earned from a sales contract on either or both the lump sum and installment payments when the interest is received or made available to the client.

(1[2]1) If the client, or the client and spouse do not live with an in-kind support donor, in-kind support and maintenance is the lesser of the value or the presumed maximum value of food or shelter received. If the client, or the client and spouse live with an in-kind support donor and do not pay a prorated share of household operating expenses, in-kind support and maintenance is the difference between the prorated share of household operating expenses and the amount the client, or the client and spouse actually pay, or the presumed maximum value, whichever is less.

(1[3]2) Payments under a contract that provide for payments at set intervals or after completion of the contract period are not lump sum payments. The payments are subject to regular income counting rules. Retroactive payments from SSI and SSA reimbursements of Medicare premiums are not lump sum payments.

(1[4]3) The eligibility agency [does]may not count as income educational loans, grants, and scholarships received from Title IV programs of the Higher Education Act or from Bureau of Indian Affairs educational programs[. The agency does not count as income], and may not count any other grants, scholarships, fellowships, or gifts [from other sources] that [are actually]a client use[d]s to pay for education.[, or will be used to pay, allowable educational expenses.] The eligibility agency shall count as income, in the month that the client receives them, [A]any amount of grants, scholarships, fellowships, or gifts [from other sources that are used or will be used]that the client uses to pay for non-educational expenses[ including food and shelter expenses, counts as income in the month received]. Allowable educational expenses include:

(a) tuition;

(b) fees;

(c) books;

(d) equipment;

(e) special clothing needed for classes;

(f) travel to and from school at a rate of 21 cents a mile, unless the grant identifies a larger amount; and

(g) child care necessary for school attendance.

(1[5]4) Except for an individual eligible for the Medicaid Work Incentive (MWI) [P]program, the following provisions apply to non-institutional medical assistance:

(a) For [A, B, or D]aged, blind and disabled Medicaid, the eligibility agency [does]may not count income of a spouse or a parent to determine Medicaid eligibility of a person who receives SSI or meets 1619(b) criteria. SSI recipients and 1619(b) status individuals who meet all other Medicaid eligibility factors are eligible for Medicaid without spending down.

(b) If an ineligible spouse of an aged, blind[,] or disabled person has more income after deductions than the allocation for a spouse, the eligibility agency shall deem[s] the spouse's income to the aged, blind[,] or disabled spouse to determine eligibility.

(c) The eligibility agency shall determine[s] household size and whose income counts for [A, B or D]aged, blind and disabled Medicaid as described below.

(i) If only one spouse is aged, blind or disabled:

(A) the eligibility agency shall deem[s] income of the ineligible spouse to the eligible spouse when that income exceeds the allocation for a spouse. The eligibility agency shall compare[s] the combined income to 100% of the federal poverty guideline for a two-person household. If the combined income exceeds that amount, the eligibility agency shall compare[s it]the combined income, after allowable deductions, to the BMS for two to calculate the spenddown.

(B) If the ineligible spouse's income does not exceed the allocation for a spouse, the eligibility agency [does]may not count the ineligible spouse's income and [does]may not include the ineligible spouse in the household size. Only the eligible spouse's income is compared to 100% of the federal poverty guideline for one. If the income exceeds that amount, it is compared, after allowable deductions, to the BMS for one to calculate the spenddown.

(ii) If both spouses are either aged, blind or disabled, the eligibility agency shall combine the income of both spouses and compare [is combined and compared] to 100% of the federal poverty guideline for a two-person household. SSI income is not counted.

(A) If the combined income exceeds that amount[,] and one spouse receives SSI, the eligibility agency may only compare [only] the income of the non-SSI spouse, after allowable deductions, [is compared] to the BMS for a one-person household to calculate the spenddown.

(B) If neither spouse receives SSI and their combined income exceeds 100% of the federal poverty guideline, the eligibility agency shall compare [then] the income of both spouses, after allowable deductions, [is compared] to the BMS for a two-person household to calculate the spenddown.

(C) If neither spouse receives SSI and only one spouse will be covered under the applicable program, the eligibility agency shall deem[s] income of the non-covered spouse to the covered spouse when that income exceeds the spousal allocation. If the non-covered spouse's income does not exceed the spousal allocation, [then] the eligibility agency may only count[s only] the covered spouse's income. In both cases, the countable income is compared to 100% of the two-person poverty guideline. If [it]the countable income exceeds the limit, [then income,]the eligibility agency shall compare the income, after allowable deductions, [is compared] to the BMS.

(I) If the non-covered spouse has [deemable] income to deem to the covered spouse, the eligibility agency shall compare the countable income, after allowable deductions, [is compared] to a two-person BMS to calculate a spenddown.

(II) If the non-covered spouse does not have [deemable] income to deem to the covered spouse, [then]the eligibility agency may only compare [only] the covered spouse's income, after allowable deductions, [is compared] to a one-person BMS to calculate the spenddown.

(iii) In determining eligibility under (c) for an aged or disabled person whose spouse is blind, both spouses' income is combined.

(A) If the combined income after allowable deductions is under 100% of the federal poverty guideline, the aged or disabled spouse will be eligible under the 100% poverty group defined in 1902(a)(10)(A)(ii) of the Social Security Act, and the blind spouse is eligible without a spenddown under the medically needy group defined in 42 CFR 435.301.

(B) If the combined income after allowable deductions is over 100% of poverty, both spouses are eligible with a spenddown under the medically needy group defined in 42 CFR 435.301.

(iv) If one spouse is disabled and working, the other is aged, blind[,] or disabled and not working, and neither spouse is an SSI recipient nor a 1619(b) eligible individual, the working disabled spouse may choose to receive coverage under the [Medicaid Work Incentive]MWI program. If both spouses want coverage, however, the eligibility agency shall first determine[s] eligibility for them as a couple. If a spenddown is owed for them as a couple, they must meet the spenddown to receive coverage for both of them.

(e) Except when determining countable income for the 100% poverty-related Aged and Disabled Medicaid programs, the eligibility agency shall not deem income [will not be deemed] from a spouse who meets 1619(b) protected group criteria.

(f) The eligibility agency shall determine[s] household size and whose income counts for QMB, SLMB, and QI assistance as described below[.]:

(i) If both spouses receive Part A Medicare and both want coverage, the eligibility agency shall combine[s] income of both spouses and compare[s] it to the applicable percentage of the poverty guideline for a two-person household.

(ii) If one spouse receives Part A Medicare[,] and the other spouse is aged, blind[,] or disabled and [that spouse either] does not receive Part A Medicare or does not want coverage, then the eligibility agency shall deem[s] income of the ineligible spouse to the eligible spouse when that income exceeds the allocation for a spouse. If the income of the ineligible spouse does not exceed the allocation for a spouse, then only the income of the eligible spouse is counted. In both cases, the eligibility agency shall compare the countable income [is compared] to the applicable percentage of the federal poverty guideline for a two-person household.

(iii) If one spouse receives Part A Medicare and the other spouse is not aged, blind or disabled, the eligibility agency shall deem[s] income of the ineligible spouse to the eligible spouse when that income exceeds the allocation for a spouse. The agency shall combine[d] countable income [is compared] to the applicable percentage of the federal poverty guideline for a two-person household. If the deemed income of the ineligible spouse['s deemable income] does not exceed the allocation for a spouse, only the eligible spouse's income is counted[,] and compared to the applicable percentage of the poverty guideline for a one-person household.

(iv) The eligibility agency may not count SSI income [will not be counted] to determine eligibility for QMB, SLMB or QI assistance.

(g) If any parent in the home receives SSI or is eligible for 1619(b) protected group coverage, the eligibility agency [will]may not count the income of either parent to determine a child's eligibility for B or D Medicaid.

(h) Payments for providing foster care to a child are countable income. The portion of the payment that represents a reimbursement for the expenses related to providing foster care is not countable income.

(1[6]5) For [i]Institutional Medicaid [including]that includes home and community[] -based waiver programs, the eligibility agency may only count[s only] the client in the household size[,] and [counts only the client's] income and deemed income [deemed] from an alien client's sponsor[,] to determine the cost of care contribution[ to cost of care].

(1[7]6) The eligibility agency shall deem[s] any unearned and earned income[, unearned and earned,] from an alien's sponsor[,] and the sponsor's spouse[, if any,] when the sponsor [has] sign[ed]s an Affidavit of Support pursuant to Section 213A of the Immigration and Nationality Act [on or] after December 1[9]8, 1997.

(1[8]7) The eligibility agency shall end [S]sponsor deeming [will end] when the alien becomes a naturalized United States (U.S. ) citizen, or has worked 40 qualifying quarters as defined under Title II of the Social Security Act , or can be credited with 40 qualifying work quarters. [Beginning a]After December 31, 1996, a creditable qualifying work quarter is one during which the alien did not receive any federal means-tested public benefit.

(1[9]8) The eligibility agency may not apply [S]sponsor deeming [does not apply] to applicants who are eligible for Medicaid for emergency services only.

([20]19) If [income such as] retirement income has been divided between divorced spouses by the divorce decree pursuant to a Qualified Domestic Relations Order, the eligibility agency may only count as income [only] the amount that is paid to the individual[ is counted as income].

(2[1]0) The [Department]eligibility agency [does]may not count as unearned income the additional $25 a week payment to a recipient of unemployment insurance provided under Section 2002 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115. The recipient may only receive this weekly payment from March 2009 through June 2010.

(2[2]1) The [Department]eligibility agency [does]may not count as unearned income the one-time economic recovery payments that an individual receives under Social Security, Supplemental Security Income, Railroad Retirement, or Veteran's benefits under the provisions of Section 2201 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115. It further [does]may not count refunds that a government retiree receives pursuant to the provisions of Section 2202 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115.

(2[3]2) The [Department]eligibility agency [does]may not count as unearned income the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provided under Section 3001 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115.

(23) The eligibility agency may not count as income any payments that an individual receives pursuant to the Individual Indian Money Account Litigation Settlement under the Claims Resolution Act of 2010, Pub. L. No. 111 291, 124 Stat. 3064.

(24) The eligibility agency may not count as income any federal tax refund and refundable credit that an individual receives between January 1, 2010, and December 31, 2012, pursuant to the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010, Pub. L. No. 111 312, 124, Stat 3296.

 

R414-304-[3]4. Medicaid Work Incentive Program Unearned Income Provisions.

[(1) This rule establishes how the Department treats unearned income for the Medicaid Work Incentive program.

] ([2]1) The Department incorporates by reference 20 CFR 416.1102, 416.1103, 416.1120 through 416.1124, 416.1140 through 416.1148, 416.1150, 416.1151, 416.1157 and Appendix to Subpart K of 416, 20[08]10 ed. The Department also adopts Subsection s 404(h)(4) and 1612(b)(24) and (25) of the Compilation of the Social Security Laws[ in effect January 1, 2009]. The Department [does]may not count as income any payments from sources that federal laws specifically prohibit from being counted as income to determine eligibility for federally-funded medical assistance programs.

([3]2) The [Department]eligibility agency shall allow[s] the provisions found in Subsection[s] R414-304-[2]3([4]3) through (1[4]3), and (1[8]6) through (2[3]4).

([4]3) The eligibility agency shall determine[s] income from an ineligible spouse or parent by the total of the earned and unearned income using the appropriate exclusions in 20 CFR 416.1161, except that court ordered support payments are not allowed as an income deduction.

([5]4) For the [Medicaid Work Incentive]MWI [P]program, the income of a spouse or parent is not considered in determining eligibility of a person who receives SSI. SSI recipients who meet all other [Medicaid Work Incentive]MWI [P]program eligibility factors are eligible without paying a Medicaid buy-in premium.

([6]5) The eligibility agency shall determine[s] household size and whose income counts for the [Medicaid Work Incentive]MWI [P]program as described below:

(a) If the [Medicaid Work Incentive]MWI [P]program individual is an adult and is not living with a spouse, the eligibility agency may only count[s only] the income of the individual. The eligibility agency shall include[s] in the household size, any dependent children under the age of 18, or who are 18, 19, or 20 and are full-time students. These dependent children must be living in the home or be temporarily absent. After allowable deductions, the eligibility agency shall compare[s] the countable income to 250% of the federal poverty guideline for the household size involved.

(b) If the [Medicaid Work Incentive]MWI [P]program individual is living with a spouse, the eligibility agency shall combine[s] their income before allowing any deductions. The eligibility agency shall include[s] in the household size the spouse and any children under the age of 18, or who are 18, 19, or 20 and are full-time students. These dependent children must be living in the home or be temporarily absent. After allowable deductions, the eligibility agency shall compare[s] the countable income of the [Medicaid Work Incentive]MWI [P]program individual and spouse to 250% of the federal poverty guideline for the household size involved.

(c) If the [Medicaid Work Incentive]MWI [P]program individual is a child living with a parent, the eligibility agency shall combine[s] the income of the [Medicaid Work Incentive]MWI [P]program individual and the parents before allowing any deductions. The eligibility agency shall include[s] in the household size the parents, any minor siblings, and siblings who are age 18, 19, or 20 and are full-time students, who are living in the home or temporarily absent. After allowable deductions, the eligibility agency shall compare[s] the countable income of the [Medicaid Work Incentive]MWI [P]program individual and the individual's parents to 250% of the federal poverty guideline for the household size involved.

 

R414-304-[4]5. Family Non-Institutional Medicaid and Institutional Family Medicaid Unearned Income Provisions.

[ (1) This rule establishes how the Department treats unearned income to determine eligibility for Family Medicaid and Institutional Family Medicaid coverage groups.

] ([2]1) The Department incorporates by reference 42 CFR 435.811 and 435.831, [2008]2010 ed., and 45 CFR 233.20(a)(1), 233.20(a)(3)(iv), 233.20(a)(3)(vi)(A), and 233.20(a)(4)(ii), [2008]2010 ed. The Department also incorporates by reference S ubsection 404(h)(4) of the Compilation of the Social Security Laws , in effect January 1, 20[09]11. The Department [does]may not count as income any payments from sources that federal laws specifically prohibit from being counted as income to determine eligibility for federally-funded medical assistance programs.

[ (3) The term "unearned income" means cash received for which the individual performs no service.

] ([4]2) The eligibility agency [does]may not count as income money loaned to the individual if the individual proves the money is from a loan that the individual is expected to repay.

([5]3) The eligibility agency [does]may not count as income support and maintenance assistance provided in-kind by a non-profit organization certified by the Department of Human Services.

([6]4) The eligibility agency [does]may not count as income the value of food stamp assistance, USDA food donations or WIC vouchers received by members of the household.

([7]5) The eligibility agency [does]may not count income that is received too irregularly or infrequently to count as regular income, such as cash gifts, up to $30 a calendar quarter per household member. Any amount that exceeds $30 a calendar quarter per household member counts as income when received. Irregular or infrequent income may be divided equally among all members of the household.

([8]6) The eligibility agency [does]may not count as income the amount deducted from benefit income [that is] to repay an overpayment[ of such benefit income].

([9]7) The eligibility agency [does]may not count as income the value of special circumstance items paid for by donors.

([10]8) The eligibility agency [does]may not count as income payments for home energy assistance.

([11]9) The eligibility agency [does]may not count payments from any source that are to repair or replace lost, stolen or damaged exempt property. If the payments include an amount for temporary housing, the eligibility agency may only count[s] the amount that the client does not intend to use or that is more than what is needed for temporary housing.

(1[2]0) The eligibility agency [does]may not count as income SSA reimbursements of Medicare premiums.

(1[3]1) The eligibility agency [does]may not count as income payments from the Department of Workforce Services under the Family Employment program, the Working Toward Employment Program, and the Refugee Cash Assistance program. To determine eligibility for Medicaid, the eligibility agency shall count[s] income that the client uses [used] to determine the amount of these payments, unless the income is an excluded income under other laws or regulations.

(1[4]2) The eligibility agency [does]may not count as income interest or dividends earned on countable resources. The eligibility agency [does]may not count as income interest or dividends earned on resources that are specifically excluded by federal laws from being counted as available resources to determine eligibility for federally-funded, means-tested medical assistance programs, other than resources excluded by 42 U.S.C. 1382b(a).

(1[5]3) The eligibility agency [does]may not count as income the increase in pay for a member of the armed forces that is called "hostile fire pay" or "imminent danger pay," which is compensation for active military duty in a combat zone.

(1[6]4) The eligibility agency shall count[s] as income SSI and State Supplemental payments received by children who are included in the coverage under [Child, Family, Newborn, or Newborn Plus Medicaid]Medicaid programs for families with children, and programs that cover only pregnant women and children.

(1[7]5) The eligibility agency shall count[s] unearned rental income. The eligibility agency shall deduct[s] $30 a month from the rental income. If the amount charged for the rental is consistent with community standards, the eligibility agency shall deduct[s] the greater of either $30 or the following actual expenses that the client can verify[.]:

(a) taxes and attorney fees needed to make the income available;

(b) upkeep and repair costs necessary to maintain the current value of the property, including utility costs paid by the applicant or recipient;

(c) interest paid on a loan or mortgage made for upkeep or repair; and[,]

(d) the value of a one-person food stamp allotment, if meals are provided to a boarder.

(1[8]6) The eligibility agency shall count[s] deferred income when the client receives the income, [it is received by the client if it was] the client does not defer the income by choice, and the client reasonably expects to receive the income.[not deferred by choice and receipt can be reasonably anticipated.] If the [income was deferred]client defers the income by choice, the agency shall count the income according to when the client could receive the income.[ it counts as income when it could have been received.] The eligibility agency shall count as income [T]the amount deducted from income to pay for benefits like health insurance, medical expenses or child care [counts as income] in the month that the client could receive the income.[ the income could have been received.]

(1[9]7) The eligibility agency shall count[s] the amount deducted from income [that is] to pay an obligation [such as]of child support, alimony or debts in the month that the client could receive the income[ could have been received].

([20]18) The eligibility agency shall count[s] payments from trust funds as income in the month the payment is received by the individual or made available for the individual's use.

([21]19) The eligibility agency may only count[s] as income the portion of a [Veterans Administration]VA check to which the client is legally entitled. If the payment includes an amount for a dependent, that amount counts as income for the dependent. If the dependent does not live with the veteran or surviving spouse, the portion for the dependent counts as the dependent's income unless the dependent [has applied]applies to VA to receive the payment directly, VA [has denied]denies that request, and the dependent does not receive the payment. In [this]that case, the eligibility agency shall also count the amount for a dependent [counts] as income of the veteran or surviving spouse who receives the payment.

(2[2]0) The eligibility agency shall count[s] as income deposits to financial accounts jointly[ ] -owned between the client and one or more other individuals, even if the deposits are made by a non-household member. If the client disputes ownership of the deposits and provides adequate proof that the deposits do not represent income to the client, the eligibility agency [does]may not count those funds as income. The eligibility agency may require the client to terminate access to the jointly[ ] -held accounts.

(2[3]1) The eligibility agency shall count[s] as unearned income the interest earned from a sales contract on lump sum payments and installment payments when the interest payment is received by or made available to the client.

(2[4]2) The eligibility agency shall count[s] current child support payments as income to the child for whom the payments are being made. If a payment is for more than one child, the agency shall divide that amount [is divided] equally among the children unless a court order indicates [a different division]otherwise. Child support payments made for past months or years (arrearages) are countable income to determine eligibility of the parent or guardian who [is receiving]receives the payment s.[ Arrearages are payments collected for past months or years that were not paid on time and are like repayments for past-due debts.] If [the Office of Recovery Services is collecting] collects current child support, the eligibility agency shall count the child support [ it is counted] as current even if [the Office of Recovery Services]ORS mails [the] payment to the client after the month it is collected.

(2[5]3) The eligibility agency shall count[s] payments from annuities as unearned income in the month that the client receives the payment s[ is received].

(2[6]4) If [income such as] retirement income has been divided between divorced spouses by the divorce decree pursuant to a Qualified Domestic Relations Order, the eligibility agency may only count[s] the amount paid to the individual.

(2[7]5) The eligibility agency shall deem[s] both unearned and earned income from an alien's sponsor, and the sponsor's spouse, if any, when the sponsor has signed an Affidavit of Support pursuant to Section 213A of the Immigration and Nationality Act [on or] after December 1[9]8, 1997.

(2[8]6) The eligibility agency shall stop[s] deeming income from a sponsor when the alien becomes a naturalized U.S. citizen, or has worked 40 qualifying quarters as defined under Title II of the Social Security Act or can be credited with 40 qualifying work quarters. [Beginning a]After December 31, 1996, a creditable qualifying work quarter is one during which the alien did not receive any federal means-tested public benefit.

(2[9]7) The eligibility agency may not apply [S]sponsor deeming [does not apply] to applicants who are eligible [for Medicaid] for emergency services only.

([30]28) The [Department]eligibility agency [does]may not count as unearned income the additional $25 a week payment to a recipient of unemployment insurance provided under Section 2002 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115. The recipient may receive this weekly payment from March 2009 through June 2010.

([31]29) The [Department]eligibility agency [does]may not count as unearned income the one-time economic recovery payments that an individual receives under Social Security, Supplemental Security Income, Railroad Retirement, or Veteran's benefits under the provisions of Section 2201 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115. It further [does]may not count refunds that a government retiree receives pursuant to the provisions of Section 2202 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115.

(3[2]0) The [Department]eligibility agency [does]may not count as unearned income the COBRA premium subsidy provided under Section 3001 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115.

(31) The eligibility agency may not count as income any payments that an individual receives pursuant to the Individual Indian Money Account Litigation Settlement under the Claims Resolution Act of 2010, Pub. L. No. 111 291, 124 Stat. 3064.

(32) The eligibility agency may not count as income any federal tax refund and refundable credit that an individual receives between January 1, 2010, and December 31, 2012, pursuant to the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010, Pub. L. No. 111 312, 124, Stat 3296.

 

R414-304-[5]6. [A, B and D Medicaid and A, B and D]Aged, Blind and Disabled Non-Institutional and Institutional Medicaid Earned Income Provisions.

(1) The Department incorporates by reference 42 CFR 435.811 and 435.831, [2008]2010 ed., and 20 CFR 416.1110 through 416.1112, [2008]2010 ed. The Department [does]may not count as income any payments from sources that federal laws specifically prohibit from being counted as income to determine eligibility for federally-funded medical assistance programs.

(2) If an SSI recipient has a plan for achieving self-[ ]support approved by the [Social Security Administration](SSA), the [Department shall]eligibility agency may not count income set aside in the plan that allows the individual to purchase work-related equipment or meet self[ ] -support goals. This income [shall be excluded and] may include earned and unearned income.

(3) The eligibility agency may not deduct from income [E]expenses relating to the fulfillment of a plan to achieve self-support[shall not be allowed as deductions from income].

(4) For [A, B and D]Aged, Blind and Disabled Medicaid, the eligibility agency may not count earned income used to compute a needs-based grant[ is not countable].

(5) For [A, B and D]aged, blind and disabled Institutional Medicaid, the eligibility agency shall deduct $125 [shall be deducted] from earned income before it determines contribution towards cost of care[ is determined].

(6) The eligibility agency shall include [C]capital gains [shall be included] in the gross income from self-employment.

(7) To determine countable net income from self-employment, the [state]eligibility agency shall allow a 40 [percent]% flat rate exclusion off the gross self-employment income as a deduction for business expenses. For a self-employed individual[s] who ha[ve]s [actual] allowable business expenses greater than the 40 [percent]% flat rate exclusion amount[,] and who also[if the individual] provides verification of the [actual] expenses, the eligibility agency shall calculate the self-employment net profit amount[ will be calculated]by using the [same] deductions that are allowed under federal income tax rules.

(8) The eligibility agency may not allow [No] deductions [shall be allowed] for the following business expenses:

(a) transportation to and from work;

(b) payments on the principal for business resources;

(c) net losses from previous tax years;

(d) taxes;

(e) money set aside for retirement; and

(f) work-related personal expenses.

(9) The eligibility agency may deduct [N]net losses of self-employment from the current tax year [may be deducted] from other earned income.

(10) The [Department]eligibility agency shall disregard[s] earned income paid by the U.S. Census Bureau to temporary census takers to prepare for and conduct the census, for individuals defined in 42 CFR 435.120, 435.122, 435.130 through 435.135, 435.137, 435.138, 435.139, 435.211, 435.301, 435.320, 435.322, 435.324, 435.340, 435.350 and 435.541. The eligibility agency shall also exclude [T]this income [is also excluded] for individuals described in Subsections 1634(b), (c) and (d), 1902(a)(10)(A)(i)(II), 1902(a)(10)(A)(ii)(X), 1902(a)(10)(A)(ii)(XII), 1902(a)(10)(A)(ii)(XIII) 1902(a)(10)(A)(ii)(XVIII), and 1902(a)(10)(E)(i) through (iv)(I) of Title XIX of the Social Security Act. The [Department]eligibility agency [does]may not exclude earnings paid to temporary census takers from the post-eligibility process of determining the person's cost[-] of[-] care contribution for long-term care recipients.

(11) The eligibility agency shall count deductions[Deductions] from earned income [such as]that include insurance premiums, savings, garnishments, or deferred income [are counted] in the month when the client could receive the funds[ could have been received].

(12) The [Department]eligibility agency [does]may not count as earned income any credit or refund that an individual receives under the provisions of Section 1001 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115, referred to as the Making Work Pay credit.

 

R414-304-[6]7. Family Non-Institutional Medicaid and Family Institutional Medicaid Earned Income Provisions.

[ This section provides eligibility criteria governing earned income for the determination of eligibility for Family Medicaid and Institutional Family Medicaid coverage groups.

] (1) The Department incorporates by reference 42 CFR 435.811 and 435.831, [2008]2010 ed. and 45 CFR 233.20(a)(6)(iii) through (iv), 233.20(a)(6)(v)(B), 233.20(a)(6)(vi) through (vii), and 233.20(a)(11), [2008]2010 ed. The [Department]eligibility agency [does]may not count as income any payments from sources that federal laws specifically prohibit from being counted as income to determine eligibility for federally-funded medical assistance programs.

[ (2) The following definitions apply to this section:

(a) "Full-time student" means a person enrolled for the number of hours defined by the particular institution as fulfilling full-time requirements.

(b) "Part-time student" means a person who is enrolled for at least one-half the number of hours or periods considered by the institution to be customary to complete the course of study within the minimum time-period. If no schedule is set by the school, the course of study must be no less than an average of two class periods or two hours a day, whichever is less.

(c) "School attendance" means enrollment in a public or private elementary or secondary school, a university or college, vocational or technical school or the Job Corps, for the express purpose of gaining skills that lead to gainful employment.

(d) "Full-time employment" means an average of 100 or more hours of work a month or an average of 23 hours a week.

(e) "Aid to Families with Dependent Children" (AFDC) means a state plan for aid that was in effect on June 16, 1996.

(f) "1931 Family Medicaid" is Medicaid coverage required by Subsection 1931(a), (b), and (g) of the Compilation of Social Security Laws.

] ([3]2) The eligibility agency may not count [T]the income of a dependent child [is not countable income] if the child is:

(a) in school or training full-time;

(b) in school or training part-time, which means the child is enrolled for at least half of the hours needed to complete a course, or is enrolled in at least two classes or two hours of school a day [if]and employed less than 100 hours a month; or

(c) is in a job placement under the federal Workforce Investment Act[ (WIA)].

([4]3) For Family Medicaid, the eligibility agency shall allow the AFDC $30 and 1/3 of earned income deduction [is allowed] if the wage earner [has] receive[d]s 1931 Family Medicaid in one of the four previous months and this disregard [has]is not [been] exhausted.

([5]4) The [Department]eligibility agency shall determine[s] countable net income from self-employment by allowing a 40 [percent]% flat rate exclusion off the gross self-employment income as a deduction for business expenses. If a self-employed individual provides verification of actual business expenses greater than the 40 [percent]% flat rate exclusion amount, the [Department]eligibility agency shall allow[s] actual expenses to be deducted. The expenses must be business expenses allowed under federal income tax rules.

([6]5) Items such as personal business and entertainment expenses, personal transportation, purchase of capital equipment, and payments on the principal of loans for capital assets or durable goods, are not business expenses.

([7]6) For Family Medicaid, the [Department] eligibility agency shall deduct from the income of clients who work at least 100 hours in a calendar month[child-care costs, and the costs of providing care for an incapacitated adult who is included in the Medicaid household size,] a maximum of $200 a month in child care costs for each child who is under the age of two and $175 a month in child care costs for each child who is at least two years of age. The maximum deduction of $175 shall also apply to provide care for an incapacitated adult . The eligibility agency shall deduct from the income of clients who work less than 100 hours in a calendar month a maximum of $160 a month in child care costs for each child who is under the age of two and $140 a month for each child who is at least two years of age. The maximum deduction of $140 a month shall also apply to provide care for an incapacitated adult.[ from the earned income of clients working 100 hours or more in a calendar month. A maximum of up to $200.00 per month per child under age 2 and $175.00 per month per child age 2 and older or incapacitated adult, may be deducted. A maximum of up to $160.00 per month per child under age 2 and $140.00 per month per child age 2 and older or incapacitated adult, may be deducted from the earned income of clients working less than 100 hours in a calendar month.]

([8]7) For Family Institutional Medicaid, the [Department shall]eligibility agency shall deduct a maximum of $160 in child[-] care costs from the earned income of clients who work[ing] at least 100 hours [or more] in a calendar month. The eligibility agency shall deduct a maximum of $130 in child care costs from the earned income of clients working less than 100 hours in a calendar month.[A maximum of up to $160 a month per child may be deducted. A maximum of up to $130 a month is deducted from the earned income of clients working less than 100 hours in a calendar month.]

([9]8) The [Department]eligibility agency shall exclude[s] earned income paid by the U.S. Census Bureau to temporary census takers to prepare for and conduct the census, for individuals defined in 42 CFR 435.110, 435.112 through 435.117, 435.119, 435.210 for groups defined under 201(a)(5) and (6), 435.211, 435.222, 435.223, and 435.300 through 435.310 and individuals defined in Title XIX of the Social Security Act Sections 1902(a)(10)(A)(i)(III), (IV), (VI), (VII), 1902(a)(10)(A)(ii)(XVII), 1902(a)(47), 1902(e)(1), (4), (5), (6), (7), and 1931(b) and (c), 1925 and 1902(l). The [Department]eligibility agency [does]may not exclude earnings paid to temporary census takers from the post-eligibility process of determining the person's cost[-] of[-] care contribution for long-term care recipients.

([10]9) Under 1931 Family Medicaid, for households that pass the 185% gross income test, if net income does not exceed the applicable BMS, the household is eligible for 1931 Family Medicaid. The eligibility agency may not deduct [No] health insurance premiums or medical bills [are deducted] from gross income to determine net income for 1931 Family Medicaid.

(1[1]0) For Family Medicaid recipients who otherwise meet 1931 Family Medicaid criteria, who lose eligibility because of earned income that does not exceed 185% of the federal poverty guideline, the [state shall]eligibility agency shall disregard earned income of the [specified]named relative for six months to determine eligibility for 1931 Family Medicaid. Before the end of the sixth month, the [state shall]eligibility agency shall conduct a review of the household's earned income. If the earned income exceeds 185% of the federal poverty guideline, the household is eligible to receive Transitional Medicaid [following]under the provisions of Rule R414-303 as long as it meets all other criteria.

(1[2]1) After the first six months of disregarding earned income, if the average monthly earned income of the household does not exceed 185% of the federal poverty guideline for a household of the same size, the [state shall] eligibility agency shall continue to disregard earned income for an additional six months to determine eligibility for 1931 Family Medicaid. In the [twelf]12th month of receiving [such]the income disregard, if the household continues to have earned income, the household is eligible to receive Transitional Medicaid [following]under the provisions of Rule R414-303 as long as it meets all other criteria.

(1[3]2) The [Department]eligibility agency [does]may not count as earned income any credit or refund that an individual receives under the provisions of Section 1001 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111 5, 123 Stat. 115, referred to as the Making Work Pay credit.

 

R414-304-[7]8. [A, B and D]Aged, Blind and Disabled Non-Institutional Medicaid and Family Non-Institutional Medicaid Income Deductions.

[ (1) This section sets forth income deductions for non-institutional aged, blind, disabled and family Medicaid programs, except for the Medicaid Work Incentive program.

] ([2]1) The Department shall appl[ies]y the financial methodologies required by 42 CFR 435.601, and the deductions defined in 42 CFR 435.831, [2005]2010 ed., which are incorporated by reference.[ Any additional income deductions or limitations are described in this rule.]

([3]2) For aged, blind and disabled individuals eligible under 42 CFR 435.301(b)(2)(iii), (iv), and (v), described more fully in 42 CFR 435.320, .322 and .324, the [Department] eligibility agency shall deduct[s] from income an amount equal to the difference between 100% of the federal poverty guideline and the current BMS income standard for the applicable household size to determine the spenddown amount.

([4]3) To determine eligibility for and the amount of a spenddown under medically needy programs, the [Department] eligibility agency shall deduct[s] from income health insurance premiums the client or a financially responsible family member pays providing coverage for the client or any family members living with the client in the month of payment. The [Department] eligibility agency shall also deduct[s] from income the amount of a health insurance premium the month it is due when the Department pays the premium on behalf of the client as authorized by Section 1905(a) of Title XIX of the Compilation of the Social Security Laws,[Act, 2005 ed.,] except no deduction is allowed for Medicare premiums that the Department pays for or reimburses to recipients.

(a) The [Department] eligibility agency shall deduct[s] the entire payment in the month it is due and [does]may not prorate the amount.

(b) The [Department] eligibility agency [does]may not deduct health insurance premiums to determine eligibility for the poverty-related medical assistance programs or [1931] Family Medicaid coverage under Section 1931 of the Compilation of the Social Security Laws.

([5]4) To determine the spenddown under medically needy programs, the [Department] eligibility agency shall deduct[s] from income health insurance premiums that the client or a financially responsible family member [paid]pays in the application month or during the three[ ] -month retroactive period. The eligibility agency shall allow the deduction [is allowed] either in the month paid or in any month after the month paid to the extent the full amount was not deducted in the month paid, but only through the month of application.

([6]5) To determine eligibility for medically needy coverage groups, the [Department] eligibility agency shall deduct[s] from income medically necessary [medical] expenses that the client verifies only if the expenses meet all of the following conditions:

(a) The medical service was received by the client, a client's spouse, a parent of a dependent client[ or], a dependent sibling of a dependent client, a deceased spouse , or a deceased dependent child[.];

(b) Medicaid does not cover [T]the medical bill [will not be paid by Medicaid] and it is not payable by a third party[.];

(c) The medical bill remains unpaid[,] or the client receives and pays for the medical service[ was received and paid] during the month of application or during the three-month time[-]period immediately preceding the date of application. The date that the medical service[ was]is provided on an unpaid expense [does not matter]is irrelevant if the client still owes the provider for the service. Bills for services that the client receive[d]s and [paid]pays for during the application month or the three-month time-period preceding the date of application can be used as deductions only through the month of application.

([7]6) The eligibility agency may not allow [A]a medical expense [cannot be allowed] as a deduction more than once.

([8]7) The eligibility agency may only allow as an income deduction [A]a medical expense [allowed as a deduction must be] for a medically necessary service. The [Department] eligibility agency shall [decides]determine whether the service is [ if services are] medically necessary.

([9]8) The [Department] eligibility agency shall deduct[s] medical expenses in the order required by 42 CFR 435.831(h)(1). When expenses have the same priority, the [Department] eligibility agency shall deduct[s] paid expenses before unpaid expenses.

([10]9) A client who pays a cash spenddown may present proof of medical expenses paid during the coverage month and request a refund of spenddown paid up to the amount of bills paid by the client. The following criteria apply:

(a) Expenses for which a refund can be made include medically necessary[medical] expenses not covered by Medicaid or any third party, co-payments required for prescription drugs covered under a Medicare Part D plan, and co-payments or co-insurance amounts for Medicaid-covered services as required under the [State] Utah Medicaid State Plan[.];

(b) The expense must be for a service that the client receive[d]s during the benefit month[.];

(c) The Department [will]may not refund any portion of any medical expense that the client uses to meet a Medicaid spenddown [because]when the client assumes responsibility to pay [any] that expense[s used to meet a spenddown.];

(d) A refund cannot exceed the actual cash spenddown amount paid by the client[.];

(e) The Department [does]may not refund spenddown amounts [paid by] that a client pays based on unpaid medical expenses for services that the client receives during the benefit month. The client may present to the eligibility agency any unpaid bills for non-Medicaid-covered services that the client receives during the coverage month. The client may use the unpaid bills [may be used] to meet or reduce the spenddown that the client owes for a future month of Medicaid coverage to the extent [such] that the bills remain unpaid at the beginning of [such]the future month[.];

(f) The Department [will]shall reduce [a] the refund amount by the amount of any unpaid obligation that the client owes the Department.

(1[1]0) For poverty-related medical assistance, an individual or household is ineligible if countable income exceeds the applicable income limit. The eligibility agency [Medical costs cannot be deducted]may not deduct medical costs from income to determine eligibility for poverty-related medical assistance programs. An [I]individual[s cannot] may not pay the difference between countable income and the applicable income limit to become eligible for poverty-related medical assistance programs.

(1[2]1) When a client must meet a spenddown to become eligible for a medically needy program, the client must sign a statement that says:

(a) the eligibility agency told the client how spenddown can be met;

(b) the client expects his or her medical expenses to exceed the spenddown amount;

(c) whether the client intends to pay cash or use medical expenses to meet the spenddown; and

(d) that the eligibility agency told the client that the Medicaid provider [cannot] may not use the provider's funds to pay the client's spenddown and that the provider [cannot] may not loan the client money for the client to pay the spenddown.

(1[3]2) A client may meet the spenddown by paying the eligibility agency the amount with cash or check, or by providing proof to the eligibility agency of medical expenses that the client owes equal to the spenddown amount.

(a) The client may elect to deduct from countable income unpaid medical expenses for services [received] that the client receives in non-Medicaid covered months to meet or reduce the spenddown.

(b) Expenses must meet the criteria for allowable medical expenses.

(c) Expenses [cannot] may not be payable by Medicaid or a third party.

(d) For each benefit month, the client [can]may choose to change the method of meeting spenddown by either presenting proof of allowable medical expenses to the eligibility agency or by presenting a cash or check payment to the eligibility agency equal to the spenddown amount.

(1[4]3) The [Department] eligibility agency [cannot] may not accept spenddown payments from a Medicaid provider if the source of the funds is the Medicaid provider's own funds. In addition, [T]the [Department] eligibility agency [cannot]may not accept spenddown payments from a client if [the]a Medicaid provider loans funds [were loaned] to the client[ by a Medicaid provider] to make a spenddown payment.

(1[5]4) The [Department] eligibility agency may only deduct[s only] the amount of pre[-]paid medical expenses that equals the cost of services in a given month[actually received in the month such expenses are paid]. The eligibility agency may not deduct from income any [P]payments that a client makes for medical services in a month before the client receives the services.[ the month services are actually received cannot be deducted from income.]

(1[6]5) For non-institutional Medicaid programs, the [Department] eligibility agency may only deduct[s institutional medical expenses the client owes only if the expenses are] medically necessary expenses. The Department [decides] determines whether [if] services for institutional care are medically necessary.

(1[7]6) The [Department] eligibility agency [does]may not require a client to pay a spenddown of less than $1.

(1[8]7) [Medicaid covered m]Medical costs [incurred] that a client incurs in a [current] benefit month [cannot] may not be used to meet spenddown when the client is enrolled in a Medicaid [H]health [P]plan. Bills for mental health services [incurred] that a client incurs in a benefit month [cannot]may not be used to meet spenddown if Medicaid contracts with a single mental health provider to provide mental health services to all recipients in the client's county of residence. Bills for mental health services [received] that a client receives in a retroactive or application month that [the]a client [has fully-paid]pays [during that time can]may be used to meet spenddown only if the Medicaid-contracted mental health provider does not provide the services[ were not provided by the Medicaid-contracted, mental health provider].

 

R414-304-[8]9. Medicaid Work Incentive Program Income Deductions.

[ (1) This section sets forth income deductions for the Medicaid Work Incentive (MWI) program.

] ([2]1) To determine eligibility for the MWI program, the [Department]eligibility agency shall deduct[s] the following amounts from income to determine countable income that is compared to 250% of the federal poverty guideline:

(a) $20 from unearned income. If there is less than $20 in unearned income, the [Department]eligibility agency shall deduct[s] the balance of the $20 from earned income;

(b) Impairment-related work expenses;

(c) $65 plus [one half]1/2 of the remaining earned income;

(d) A current[-] year loss from a self-employment business can be deducted only from other earned income.

([3]2) For the MWI program, an individual or household is ineligible if countable income exceeds the applicable income limit. The eligibility agency may not deduct [H]health insurance premiums and medical costs [are not deducted] from income before comparing countable income to the applicable limit.

([4]3) The [Department] eligibility agency shall deduct[s] from countable income the amount of health insurance premiums paid by the MWI-eligible individual or a financially responsible household member, to purchase health insurance for himself or other family members in the household before determining the MWI buy-in premium.

([5]4) An eligible individual may meet the MWI buy-in premium with cash, check or money order payable to the [Department] eligibility agency. The client may not meet [T]the MWI premium [cannot be met] with medical expenses.

([6]5) The [Department] eligibility agency [does]may not require a client to pay a MWI buy-in premium of less than $1.

 

R414-304-[9]10. [A, B, and D]Aged, Blind and Disabled Institutional Medicaid and Family Institutional Medicaid Income Deductions.

[ (1) This section sets forth income deductions for aged, blind, disabled and family institutional Medicaid programs.

] ([2]1) The Department applies the financial methodologies required by 42 CFR 435.601 and the deductions defined in 42 CFR 435.725, 435.726, and 435.832, [2005]2010 ed., which are incorporated by reference. The Department applies Subsection s 1902(r)(1) and 1924(d) of the Compilation of the Social Security Laws, in effect January 1, 2011, which are incorporated by reference.[ Any additional income deductions or limitations are described in this rule.

(3) The following definitions apply to this section:

(a) "Family member" means a son, daughter, parent, or sibling of the client or the client's spouse who lives with the spouse.

(b) "Dependent" means earning less than $2,000 a year, not being claimed as a dependent by any other individual, and receiving more than half of one's annual support from the client or the client's spouse.]

([4]2) Health insurance premiums:

(a) For institutionalized and waiver eligible clients, the [Department]eligibility agency shall deduct[s] from income health insurance premiums only for the institutionalized or waiver eligible client and only if paid with the institutionalized or waiver eligible client's funds. The eligibility agency shall deduct [H]health insurance premiums [are deducted] in the month they are due[.] [T]the payment[ is not pro-rated]. The [Department] eligibility agency shall deduct[s] the amount of a health insurance premium for the month it is due if the Department is paying the premium on behalf of the client as authorized by Section 1905(a) of Title XIX of the Social Security Act, except no deduction is allowed for Medicare premiums that the Department pays for or reimburses to recipients.

(b) The [Department] eligibility agency shall deduct[s] from income the portion of a combined premium, attributable to the institutionalized or waiver-eligible client if the combined premium includes a spouse or dependent family member and is paid from the funds of the institutionalized or waiver[ ] -eligible client.

([5]3) The [Department] eligibility agency may only deduct[s] medical expenses from income [only if the expenses meet all of]under the following conditions:

(a) the client receives the medical service[ was received by the client];

(b) Medicaid or a third party will not pay the medical bill[the unpaid medical bill will not be paid by Medicaid or by a third party];

(c) a paid medical bill can only be deducted [only] through the month [it is paid]of payment. No portion of any paid bill can be deducted after the month of payment.

([6]4) To determine the cost of care contribution for long-term care services, the [Department] eligibility agency [does]may not deduct medical or remedial care expenses that the Department is prohibited from paying [because]when the client incurs the expenses [are incurred during a penalty period imposed due to a] for the transfer of assets for less than fair market value. The [Department]eligibility agency [does]may not deduct medical or remedial care expenses that the Department is prohibited from paying under Section 6014 of the Deficit Reduction Act of 2005, Pub. L. No. 109[-] 171 , 120 Stat. 4, [because]when the equity value of the individual's home exceeds the limit set by [such] law. The [Department] eligibility agency may [will] not deduct [such]the expenses during or after the month that the client receives the services [are received nor for any month after the month services are received] even when [such]the expenses remain unpaid.

([7]5) The [Department] eligibility agency [does]may not allow a medical expense as an income deduction more than once.

([8]6) The eligibility agency may only allow as an income deduction [A]a medical expense [allowed as an income deduction must be] for a medically necessary service. The [Department of Health]eligibility agency shall [decides] determine whether the service is [if services are] medically necessary.

([9]7) The [Department] eligibility agency may only deduct[s only] the amount of pre[-]paid medical expenses that equals the cost of services in a given month[ actually received in the month such expenses are paid]. The eligibility agency may not deduct from income any [P]payments that a client makes for medical services in a month before the client receives the services.[month the services are actually received cannot be deducted from income.]

([10]8) When a client must meet a spenddown to become eligible for a medically needy program or receive Medicaid under a home and community based care waiver, the client must sign a statement that says:

(a) the eligibility agency told the client how spenddown can be met;

(b) the client expects his or her medical expenses to exceed the spenddown amount;

(c) whether the client intends to pay cash or use medical expenses to meet the spenddown; and

(d) that the eligibility agency told the client that the Medicaid provider [cannot] may not use the provider's funds to pay the client's spenddown and that the provider [cannot] may not loan the client money for the client to pay the spenddown.

([11]9) A client may meet the spenddown by paying the eligibility agency the amount with cash or check, or by providing proof to the eligibility agency [proof] of medical expenses that the client owes equal to the spenddown amount.

(a) The client may elect to deduct from countable income unpaid medical expenses for services [received] that the client receives in non-Medicaid covered months to meet or reduce the spenddown.

(b) Expenses must meet the criteria for allowable medical expenses.

(c) Expenses [cannot]may not be payable by Medicaid or a third party.

(d) For each benefit month, the client may choose to change the method of meeting spenddown by either presenting proof of allowable medical expenses to the eligibility agency or by presenting a cash or check payment to the eligibility agency equal to the spenddown amount.

(1[2]0) The [Department] eligibility agency [cannot] may not accept spenddown payments from a Medicaid provider if the source of the funds is the Medicaid provider's own funds. In addition, [T]the [Department] eligibility agency [cannot] may not accept spenddown payments from a client if [the]a Medicaid provider loans funds [were loaned] to the client[ by a Medicaid provider] to make a spenddown payment.

(1[3]1) The eligibility agency shall require [I]institutionalized clients [are required] to pay all countable income remaining after allowable income deductions to the institution in which they reside as their cost of care contribution[to the cost of their care].

(1[4]2) A client who pays a cash spenddown[,] or a liability amount to the medical facility in which he resides, may present proof of medical expenses paid during the coverage month and request a refund of spenddown or liability paid up to the amount of bills[ paid by the client]. The following criteria applies:

(a) Expenses for which a refund can be made include medically necessary medical expenses not covered by Medicaid or any third party, co-payments required for prescription drugs covered under a Medicare Part D plan, and co-payments or co-insurance amounts for Medicaid-covered services as required under the Utah [State] Medicaid State Plan[.];

(b) The expense must be for a service that the client receive[d]s during the benefit month[.];

(c) The [Department] eligibility agency [will]may not refund any portion of any medical expense that the client uses to meet a Medicaid spenddown or to reduce [the] his liability [owed] to the institution [because]when the client assumes that payment responsibility[ to pay any expenses used to meet a spenddown or reduce a liability.];

(d) A refund cannot exceed the actual cash spenddown or liability amount paid by the client[.];

(e) The [Department]eligibility agency [does]may not refund spenddown or liability amounts paid by a client based on unpaid medical expenses for services that the client receives during the benefit month. The client may present to the eligibility agency any unpaid bills for non-Medicaid-covered services that the client receives during the coverage month. The client may use these unpaid bills [may be used] to meet or reduce the spenddown that the client owes for a future month of Medicaid coverage to the extent [such]that the bills remain unpaid at the beginning of [such]the future month[.];

(f) The Department shall reduce[s] a refund by the amount of any unpaid obligation that the client owes the Department.

(1[5]3) The [Department] eligibility agency shall deduct[s] a personal needs allowance for residents of medical institutions equal to $45.

(1[6]4) When a doctor verifies that a single person[,] or a person whose spouse resides in a medical institution is expected to return home within six months of entering a medical institution or nursing home, the [Department] eligibility agency shall deduct[s] a personal needs allowance equal to the current Medicaid Income Limit (BMS) for one person[,] defined in Subsection R414-304-1[1]2(6), for up to six months to maintain the individual's community residence.

(1[7]5) Except for an individual who is eligible for the Personal Assistance Waiver, an individual [receiving] who receives assistance under the terms of a [H]home and [C]community-[B]based [S]services [W]waiver is eligible to receive a deduction for a non-institutionalized, non-waiver-eligible spouse and dependent family member[ as if that individual were institutionalized]. The Department applies the provisions of Section 1924(d) of the Compilation of Social Security Laws, or the provisions of 42 U.S.C. 435.726 or 435.832 to determine the deduction for a spouse and family members.

(1[8]6) A client is not eligible for Medicaid coverage if medical costs are not at least equal to the contribution required towards the cost of care.

(1[9]7) [Medicaid covered m]Medical costs [incurred] that a client incurs in a [current] benefit month [cannot] may not be used to meet spenddown when the client is enrolled in a Medicaid [H]health [P]plan. Bills for mental health services [incurred] that a client incurs in a benefit month [cannot]may not be used to meet spenddown if Medicaid contracts with a single mental health provider to provide mental health services to all recipients in the client's county of residence. Bills for mental health services [received] that a client receives in a retroactive or application month that [the]a client [has fully-paid]pays [during that time can]may be used to meet spenddown only if the Medicaid-contracted mental health provider does not provide the services[ were not provided by the Medicaid-contracted, mental health provider].

 

R414-304-[10]11. Budgeting.

(1) The Department adopts 42 CFR 435.601 and 435.640, [2001]2010 ed., which are incorporated by reference. The Department also adopts 45 CFR 233.20(a)(3)(iii), 233.31, and 233.33, [2001]2010 ed., which are incorporated by reference.

[ (2) The following definitions apply to this section:

(a) "Best estimate" means that income is calculated for the upcoming certification period based on current information about income being received, expected income deductions, and household size.

(b) "Prospective eligibility" means that eligibility is determined each month for the immediately following month based on a best estimate of income.

(c) "Prospective budgeting" is the process of calculating income and determining eligibility and spenddown for future months based on the best estimate of income, deductions, and household size.

(d) "Income averaging" means using a history of past income and expected changes, and averaging it over a determined period of time that is representative of future monthly income.

(e) "Income anticipating" means using current facts regarding rate of pay and number of working hours to anticipate future monthly income.

(f) "Income annualizing" means using total income earned during one or more past years, or a shorter applicable time period, and anticipating any future changes, to estimate the average annual income. That estimated annual income is then divided by 12 to determine the household's average monthly income.

(g) "Factoring" means that a monthly amount shall be determined to take into account the months of pay where an individual receives a fifth paycheck when paid weekly or a third paycheck when paid every other week. Weekly income shall be factored by multiplying the weekly amount by 4.3 to obtain a monthly amount. Income paid every other week shall be factored by 2.15 to obtain a monthly amount.

(h) "Reportable income changes" include any change in the source of income and any change that causes income to change by more than $25. All income changes must be reported for an institutionalized individual.

] ([3]2) The [Department] eligibility agency shall do prospective budgeting on a monthly basis.

([4]3) A best estimate of income based on the best available information [shall be]is considered an accurate reflection of client income in that month.

([5]4) The [Department] eligibility agency shall use the best estimate of income to be received or made available to the client in a month to determine eligibility and spenddown.

([6]5) Methods of determining the best estimate are income averaging, income anticipating, and income annualizing.

([7]6) The [Department] eligibility agency shall count income in the following manner:

(a) For QMB, SLMB, QI-1, [Medicaid Work Incentive]MWI [P]program, and [A, B, D]aged, blind, disabled, and Institutional Medicaid income [shall be]is counted as it is received. Income that is received weekly or every other week [shall]is not [be] factored[.];

(b) For Family Medicaid programs, income that is received weekly or every other week [shall be]is factored.

([8]7) Lump sums are income in the month received. Any amount of a lump sum remaining after the end of the month of receipt is a resource, unless otherwise excluded under statute or regulation. Lump sum payments can be earned or unearned income.

([9]8) Income paid out under a contract [shall be]is prorated to determine the countable income for each month. [Only t] The prorated amount [shall be]is used instead of actual income that a client receives to determine [spenddown or eligibility]countable income for a month. If the income will be received in fewer months than the contract covers, the income [shall be]is prorated over the period of the contract. If received in more months than the contract covers, the income [shall be]is prorated over the period of time in which the money [will be]is received. The prorated amount of income determined for each month is the amount used to determine eligibility.

([10]9) To determine the average monthly income for farm and self-employment income, the [Department]eligibility agency shall determine the annual income earned during one or more past years, or other applicable time period, and factor s in any current changes in expected income for future months. Less than one year's worth of income may be used if this income has recently begun, or a change occurs making past information unrepresentative of future income. The monthly average income [shall be]is adjusted during the year when information about changes or expected changes is received by the [Department]eligibility agency.

(1[1]0) [Student] Countable educational income that a client receive[d]s other than monthly income [shall be]is prorated to determine the monthly countable income. This is done by dividing the total amount by the number of calendar months that classes are in session.

(1[2]1) Income from Indian trust accounts not exempt by federal law [shall be]is prorated to determine the monthly countable income when the income varies from month to month, or it is received less often than monthly. This is done by dividing the total amount by the number of months it covers.

(1[3]2) Eligibility for retroactive assistance [shall be]is based on the income received in the month for which retroactive coverage is sought. When income is being prorated or annualized, then the monthly countable income determined using this method [shall be]is used for the months in the retroactive period, except when the income was not being received during, and was not intended to cover[,] those specific months in the retroactive period. Income [will not be]is factored for retroactive months.

 

R414-304-[11]12. Income Standards.

[ (1) This rule sets forth the income standards the Department uses to determine eligibility for Medicaid coverage groups.

] ([2]1) The Department adopts S ubsections 1902(a)(10)(E), 1902(l), 1902(m), 1903(f) , and 1905(p) of the Compilation of the Social Security Laws, in effect January 1, 20[03]11, which are incorporated by reference.

([3]2) The [Department] eligibility agency shall calculate[s] the [A]aged and [D]disabled poverty-related Medicaid income standard as 100% of the federal non-farm poverty guideline. If an [A]aged or [D]disabled person's income exceeds this amount, the current Medicaid Income Standards (BMS) apply unless the disabled individual or a disabled aged individual has earned income. In [this]that case, the income standards of the [Medicaid Work Incentive]MWI program apply.

([4]3) The income standard for the [Medicaid Work Incentive Program (]MWI[)] for disabled individuals with earned income is equal to 250% of the federal poverty guideline for a family of the size involved. If income exceeds this amount, the current Medicaid Income Standards (BMS) apply.

(a) The [Department] eligibility agency shall charge[s] a MWI buy-in premium for the [Medicaid Work Incentive]MWI [P]program when the countable income of the eligible individual 's or the couple's income[, or the eligible individual and spouse, when the spouse is also eligible or has deemable income,] exceeds 100% of the federal poverty guideline for the Aged and Disabled 100% poverty-related coverage group. When the eligible individual is a minor child, the [Department] eligibility agency shall charge[s] a MWI buy-in premium when the child's countable income, including income deemed from parents, exceeds 100% of the federal poverty guideline for a one-person household.

(b) The premium is equal to 5% of income when income is over 100% but not more than 110% of the federal poverty guideline, 10% of income when income is over 110% but not over 120% of the federal poverty guideline, or 15% of income when income is over 120% of the federal poverty guideline. The premium is calculated using only the eligible individual's or eligible couple's countable income multiplied by the applicable percentage.

([5]4) The income limit for pregnant women, and children under one year of age, [shall be]is equal to 133% of the federal poverty guideline for a family of the size involved. If income exceeds this amount, the current Medicaid Income Standards (BMS) apply.

([6]5) The current Medicaid Income Standards (BMS) are as follows:

 

TABLE

Household Size     Medicaid Income Standard (BMS)



    1                       382

    2                       468

    3                       583

    4                       683

    5                       777

    6                       857

    7                       897

    8                       938

    9                       982

   10                     1,023

   11                     1,066

   12                     1,108

   13                     1,150

   14                     1,192

   15                     1,236

   16                     1,277

   17                     1,320

   18                     1,364

 

R414-304-[12]13. [A, B and D]Aged, Blind and Disabled Medicaid, Medicaid Work Incentive, QMB, SLMB, and QI-1 Filing Unit.

(1) The Department adopts 42 CFR 435.601 and 435.602, [2001]2010 ed., which are incorporated by reference. The Department adopts Subsections 1902(l)(1), (2), and (3), 1902(m)(1) and (2), and 1905(p) of the Compilation of the Social Security Laws, in effect January 1, 20[01]11, which are incorporated by reference.

(2) The eligibility agency shall count the following individuals [shall be counted] in the BMS for [A, B and D]aged, blind and disabled Medicaid:

(a) the client;

(b) a spouse who lives in the same home, if the spouse is eligible for [A, B, or D]aged, blind and disabled Medicaid, and is included in the coverage;

(c) a spouse who lives in the same home, if the spouse has [deemable]deemed income above the allocation for a spouse.

(3) The eligibility agency shall count the following individuals [shall be counted] in the household size for the 100% of poverty [A or D] aged or disabled Medicaid program:

(a) the client;

(b) a spouse who lives in the same home, if the spouse is aged, blind, or disabled, regardless of the type of income the spouse receives, or whether the spouse is included in the coverage;

(c) a spouse who lives in the same home, if the spouse is not aged, blind or disabled, but has [deemable]deemed income above the allocation for a spouse.

(4) The eligibility agency shall count the following individuals [shall be counted] in the household size for a QMB, SLMB, or QI-1 case:

(a) the client;

(b) a spouse living in the same home who receives Part A Medicare or is Aged, Blind, or Disabled, regardless of whether the spouse has any [deemable]deemed income or whether the spouse is included in the coverage;

(c) a spouse living in the same home who does not receive Part A Medicare and is not Aged, Blind, or Disabled, if the spouse has [deemable]deemed income above the allocation for a spouse.

(5) The eligibility agency shall count the following individuals [shall be counted] in the household size for the [Medicaid Work Incentive]MWI [P]program:

(a) the client;

(b) a spouse living in the same home;

(c) parents living with a minor child;

(d) children who are under the age of 18;

(e) children who are [age] 18, 19, or 20 years of age if they are in school full-time.

(6) Eligibility for [A, B and D] aged, blind and disabled non-institutional Medicaid and the spenddown, if any; [A and D]aged and disabled 100% poverty-related Medicaid; and QMB, SLMB, and QI-1 programs [shall be]is based on the income of the following individuals:

(a) the client;

(b) parents living with the minor client;

(c) a spouse who is living with the client. Income of the spouse is counted based on R414-304-[2]3;

(d) an alien client's sponsor, and the spouse of the sponsor, if any.

(7) Eligibility for the [Medicaid Work Incentive]MWI [P]program [shall be]is based on income of the following individuals:

(a) the client;

(b) parents living with the minor client;

(c) a spouse who is living with the client;

(d) an alien client's sponsor, and the spouse of the sponsor, if any.

(8) If a person is ["]included["] in the BMS, it means that the eligibility agency shall count that family member [shall be counted] as part of the household and also count his [or her] income and resources [shall be counted] to determine eligibility for the household, whether or not that family member receives medical assistance.

(9) If a person is ["]included["] in the household size, it means that the eligibility agency shall count that family member [shall be counted] as part of the household to determine what income limit applies, regardless of whether the agency counts that family member's income [will be counted] or whether that family member [will] receive s medical assistance.

 

R414-304-[13]14. Family Medicaid Filing Unit.

[ This section provides criteria governing who is included in a family Medicaid household.

] (1) The Department adopts 42 CFR 435.601 and 435.602, [2001]2010 ed., 45 CFR 206.10(a)(1)(iii), 233.20(a)(1) and 233.20(a)(3)(vi), [2001]2010 ed., which are incorporated by reference.

(2) For Family Medicaid programs, if a household includes individuals who meet the U.S. citizen or qualified alien status requirements and family members who do not meet U.S. citizen or qualified alien status requirements, the [Department] eligibility agency shall include[s] the ineligible alien family members in the household size to determine the applicable income limit for the eligible family members. The ineligible alien family members [do]may not receive regular Medicaid coverage, but may be able to qualify for Medicaid that covers [only] emergency services only under other provisions of Medicaid law.

(3) Except for determinations under 1931 Family Medicaid, the eligibility agency may exclude any unemancipated minor child [may be excluded] from the Medicaid coverage group, and may exclude an ineligible alien child [may be excluded] from the household size[,] at the request of the [specified]named relative who is responsible for the children. An excluded child is considered an ineligible child and is not counted as part of the household size [for deciding]to determine what income limit is applicable to the family. The eligibility agency may not consider [I]income and resources of an excluded child [are not considered when determining]to determine eligibility or spenddown.

(4) The [Department] eligibility agency [does]may not use a grandparent's income to determine eligibility or spenddown for a minor child[,] and may not count the grandparent [is not counted] in the household size. Nevertheless, the eligibility agency shall count as income any cash that a grandparent donates to a minor child or to the parent of a minor child.[ A cash contribution from the grandparents received by the minor child or parent of the minor child is countable income.]

(5) Except for determinations under 1931 Family Medicaid, if anyone in the household is pregnant, the eligibility agency shall include the unborn child [is included] in the household size. If a medical authority confirms that [the]a pregnant woman will have more than one child, the eligibility agency shall include all of the unborn children in that household[ are included in the household size].

(6) If [a] the parents voluntarily place a child [is voluntarily placed] in foster care and [is] in the custody of a state agency, the eligibility agency shall include the parents [are included] in the household size.

(7) The eligibility agency may not include [P]parents in the household size who have relinquished their parental rights[ shall not be included in the household size].

(8) If a court order places a child in the custody of the state[,] and the state temporarily places the child [is temporarily placed] in an institution, the eligibility agency may not include the parents [shall not be included] in the household size.

(9) If the eligibility agency includes or counts a person [is "included" or "counted"] in the household size, [it means that] that family member is counted as part of the household and his[ or her] income and resources are counted to determine eligibility for the household, whether or not that family member receives medical assistance. The household size determines which BMS income level or, in the case of poverty-related programs, which poverty guideline income level applies to determine eligibility for the client or family.

 

R414-304-[14]15. [A, B and D]Aged, Blind and Disabled Institutional and Waiver Medicaid and Family Institutional Medicaid Filing Unit.

(1) For [A, B, and D]aged, blind and disabled institutional, and home and community-based waiver Medicaid, the [Department]eligibility agency [shall]may not use income of the client's parents or the client's spouse to determine eligibility and the contribution to cost of care, which may be referred to as a spenddown.

(2) For Family institutional, and home and community-based waiver Medicaid programs, the Department adopts 45 CFR 206.10(a)(1)(vii), [2001]2010 ed., which is incorporated by reference.

[ (3) The Department shall base eligibility and the contribution to cost of care, which may be referred to as a spenddown on the income of the client and the sponsor of an alien who is subject to deeming according to the rules described in 20 CFR 416.1166a, 2002 ed., which is incorporated by reference.

] ([4]3) The [Department] eligibility agency shall determine [shall base] eligibility and the contribution to cost of care, which may be referred to as a spenddown, [on]using the income of the client and the income deemed from an alien's sponsor, and the sponsor's spouse, if any, when the sponsor has signed an Affidavit of Support pursuant to Section 213A of the Immigration and Nationality Act [on or] after December 1[9]8, 1997. The eligibility agency shall end [S]sponsor deeming [will end] when the alien becomes a naturalized U.S. citizen, or has worked 40 qualifying quarters as defined under Title II of the Social Security Act or can be credited with 40 qualifying work quarters. [Beginning a]After December 31, 1996, a creditable qualifying work quarter is one during which the alien did not receive any federal means-tested public benefit.

 

KEY: financial disclosures, income, budgeting

Date of Enactment or Last Substantive Amendment: [July 1, 2010]2011

Notice of Continuation: January 25, 2008

Authorizing, and Implemented or Interpreted Law: 26-18-3